Rahima Kani.U v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE U.Rahima Kani .. Petitioner Vs 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
2.The Tahsildar, Paramakudi, Ramanathapuram District.
3.The Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to conduct an enquiry based on the representation of the petitioner, dated 18.12.2021, in respect of the property in S.No. 155/3 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District and to mutate the Revenue Record in the name of the petitioner. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.B.Saravanan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to conduct an enquiry based on the petitioner's representation, dated 18.12.2021, seeking for survey and demarcation of boundaries in respect of the property in S.No. 155/3 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District and to mutate the Revenue Record in the name of the petitioner and pass orders, within a time frame to be fixed by this Court.
2.The petitioner claims that she is the owner of the aforementioned property. She has given a representation on 18.12.2021, seeking for survey and demarcation of the boundaries for the aforementioned property. Since the application has not been considered till date, she has filed this writ petition. 1/3
3.Heard Mr.C.Prabhu Rajadurai, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.On instructions, the learned Additional Government Pleader would submit that there is no S.No.155/3 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District, as claimed by the petitioner in this writ petition. The same is recorded. 5.No prejudice will be caused to the respondents, if the petitioner's application, is considered on merits and in accordance with law and final orders passed in the said application. 6.The contention of the learned Additional Government Pleader before this Court, on instructions, can very well be disclosed in the final orders to be passed in the petitioner's representation, dated 18.12.2021. The learned counsel for the petitioner also insists for an order from the second respondent that there is no survey number as S.No.155/13 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District.
7.Accordingly, this Court directs, the second respondent to pass final orders on the petitioner's representation, dated 18.12.2021, seeking for survey and demarcation of boundaries in respect of the property in S.No. 155/3 in Vendhoni Village, Paramakudi Taluk, Ramanathapuram District and to mutate the Revenue Record in the name of the petitioner and pass final orders, within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner. In case, it is found that there is no S.No.155/3 at Vendhoni Village, Paramakudi Taluk, Ramanathapuram District, the same can be indicated in the final orders to be passed by the second respondent as per the directions of this Court today.
8.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
2.The Tahsildar, Paramakudi, Ramanathapuram District.
3.The Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.
+1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-11885[F] dated 14/03/2022 ) +1 CC to M/s.SPL GP ( SR-11837[F] dated 14/03/2022 ) 11.03.2022 kg(CO) TR(25.03.2022) 3P 6C 3/3